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United States v. Mazza

The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind when ev...

Friends of the King River v. County of Fresno

A California appellate court upheld a lower court decision denying an environmental group's petition challenging a county's approval of a proposed surface mining operation on a 1,500-acre site at the base of the Sierra Nevada foothills. As required by the California Environmental Quality Act, an env...

Shanley v. Chalmette Refining, LLC

A district court dismissed four individuals' claims that the emission of hydrogen sulfide (H2S) and sulfur dioxide (SO2) from an oil refinery in Chalmette, Louisiana, caused them a variety of physical and mental damages. The toxic tort case involves 1,836 plaintiffs who allege exposure to H2S and SO...

Amador County, California v. United States Department of the Interior

The D.C. Circuit affirmed a lower court decision dismissing a Native American tribe's motion to intervene in a county's lawsuit against DOI challenging its approval of a casino gaming compact between the tribe and the state of California. Under the agreement, the tribe would open a casino on its pro...

HLP Properties, LLC v. Consolidated Edison Co. of New York, Inc.

A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s. In 2010, some of the property ow...

Parish of Plaquemines v. Total Petrochemical & Refining USA, Inc.

A district court remanded to state court a Louisiana parish's lawsuit against 19 oil and gas companies for alleged environmental damages stemming from the companies' exploration, production, and transportation activities. The parish claims these operations were conducted in violation of the State an...